Category Archives: The Courts

Alan Dershowitz doesn’t grasp the extent to which traditional western legal reasoning has broken down, or is being dismantled, in American courts. Likewise, conservatives rabbit on about liberal judges. Replace them and respect for the Constitution will be restored.

… here you have a judge who is finding statements made during a campaign, if you can take the statements into account, Trump loses if the statements are devastating. But if the court rules that you can’t take those statements in account and you have to look only at the text of the order, then Trump wins because the court is dead wrong when it says it’s unconstitutional if it includes six countries all of which are 90 percent Muslim. That’s perfectly constitutional because that’s what Obama did. So, what the court rules if Obama does it, it’s constitutional, but if Trump does it, it’s unconstitutional because of what Trump said during the campaign. That is a fascinating constitutional issue.

WRONG. This legal brain storm is not fascinating; it’s frightening, because absent from it are certain fundamental givens of Western legal reasoning.

Didn’t liberals, GOPers included, caution just the other day that our federal system (the holy trinity of colluding branches) rests on the little people not questioning the judiciary out loud, or was that a Trump-specific injunction? A. J. Delgado wants to know:

Am confused! Everyone is questioning the judge in the #Stanford#rape case…. I thought we were told questioning judges was a no-no?!??

The “dreaded” Donald Trump has forced some unlikely partners to slip between the sheets together. After a seven-year, petulant boycott, President Barack Obama has rewarded the Fox News Channel’s sustained anti-Trump campaign by granting Chris Wallace an interview. Megyn Kelly’s efforts in the same department have earned her high praise from Hillary Clinton, who called Kelly “a superb journalist.” Just the other day, HuffPost and MSNBC, left-liberal outfits, converged in proposing a … Clinton-Kasich ticket:

Hillary Clinton should ask John Kasich, the Republican governor of Ohio, to join her in creating a “unity ticket.” It’s time for a national ticket that reflects our national desire for a new type of politics for our modern America.

Sounds like an ideal gathering for Terminix pest control.

In any case, here’s Wallace’s ‘Fox News Sunday’ interview with President Barack Obama. In it, “constitutional scholar” Obama continues to insist, apparently in error, on the Republicans’ constitutional obligation to go through the confirmation process with Justice Merrick Garland.

One suspects Obama might be gearing up for the equivalent of an executive order to fill the SCOTUS vacancy. It’s called a recess appointment, and we know enough about President Barack Obama to know he’ll use it to fill the Supreme Court vacancy left by Antonin Scalia’s death, in the teeth of Republican opposition.